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Visitor Visa for spouse as she is not eligible for ILR Dep

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emuser
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Posts: 39
Joined: Sun Jun 13, 2010 12:25 am

Visitor Visa for spouse as she is not eligible for ILR Dep

Post by emuser » Tue Feb 18, 2014 9:44 am

Hi,

Main Applicant - ILR since May 2013 (after HSMP for 2 yrs + Tier 1 for 3 yrs).
Spouse - Not eligilbe for ILR Dependent as she is not a Bachelor Degree holder.
- Resides in India along with my daughter
- Off the english exams list published by only IELTS training / exam is available in my home country. Because of the complexity of IELTS not planning to appear for it.
- Already visited UK on Tier 1 Dependent Visa

Question / Options
* Can I bring my wife on Visitors Visa?
* If so what visa should I apply for my daughter? Visitor Visa or ILR Dependent?
* Assuming my wife comes to UK on a Visitor Visa, can she apply for ILR Dependent after clearing the ESOL exam in UK?

Kindly help with the options or more sugesstions if you feel it is better than what i listed above.

Lastly, still I am not able to beleive there is no ESOL exam training and exams conducted in India (Chennai). Has anyone wrote ESOL exams in India?

Thanks

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CR001
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Re: Visitor Visa for spouse as she is not eligible for ILR D

Post by CR001 » Tue Feb 18, 2014 5:57 pm

Unlikely she will get a visitor visa if you are settled. Why do you say she doesn't qualify for spouse visa (ILR dependent) because she doesnt have a Bachelor Degree? A degree is not a requirement for a spouse visa, English language test to level A1 is the requirement and you as the sponsor meeting the financial requirement for spouse + child = £22,400 income per annum approximately.

Even if she gets a visitor visa, she cannot switch to a spouse visa within the UK, she would have to leave the UK and apply from her home country.

For your child, it is the child of settled person visa (VAF4A) which is the same application for a spouse visa.

When did her Tier 1 dependent visa expire?
Char (CR001 not Casa)
In life you cannot press the Backspace button!!
Please DO NOT send me a PM for immigration advice. I reserve the right to ignore the PM and not respond.

emuser
Newbie
Posts: 39
Joined: Sun Jun 13, 2010 12:25 am

Re: Visitor Visa for spouse as she is not eligible for ILR D

Post by emuser » Wed Feb 19, 2014 2:08 pm

Thanks for the response.

Yeah, I agree Bachelor degree is not a requirement for Spouse Visa.
It is either Bachelor Degree or English language test to level A1 is the requirement. Am I right?

But back home in India, IELTS is the only exam (training+exam) available for her which satisfies Level 1. Due to the complexity of the IELTS exam thought of exploring other options.

My wife's Tier 1 Dependent visa expired on Jun 2013. Actually, my daughter was born arround the same time when I applied my ILR.

Any other options for me?

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